Bill Text: VA SB1209 | 2013 | Regular Session | Prefiled
Bill Title: Commonwealth Transportation Board, Commissioner of Highways, etc.; powers and duties, report.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-03-20 - Governor: Acts of Assembly Chapter text (CHAP0646) [SB1209 Detail]
Download: Virginia-2013-SB1209-Prefiled.html
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13101418D Be it enacted by the General Assembly of Virginia: 1. That §§2.2-507, 5.1-49, 15.2-2108.23, 15.2-2223, 22.1-205, 28.2-555, 33.1-7, 33.1-11, 33.1-12, 33.1-23.03:7, 33.1-56, 33.1-61, 33.1-69.2, 33.1-183.1, 33.1-195, 33.1-196, 33.1-201, 33.1-207, 33.1-208, 33.1-229, 33.1-293, 33.1-342, 33.1-343, 33.1-370, 36-98.1, 46.2-804, 46.2-806, 46.2-830, 46.2-831, 46.2-847, 46.2-878.2, 46.2-889, 46.2-924, 46.2-1041, 46.2-1046, 46.2-1107, 46.2-1108, 46.2-1109, 46.2-1112, 46.2-1114, 46.2-1116, 46.2-1117, 53.1-56, 53.1-57, 56-258, 56-462, 67-1101, and 67-1103 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 33.1-13.05, 33.1-23.5:3, 33.1-89.3, and 33.1-190.4 as follows: §2.2-507. Legal service in civil matters. A. All legal service in civil matters for the Commonwealth, the Governor, and every state department, institution, division, commission, board, bureau, agency, entity, official, court, or judge, including the conduct of all civil litigation in which any of them are interested, shall be rendered and performed by the Attorney General, except as provided in this chapter and except for any litigation concerning a justice or judge initiated by the Judicial Inquiry and Review Commission. No regular counsel shall be employed for or by the Governor or any state department, institution, division, commission, board, bureau, agency, entity, or official. The Attorney General may represent personally or through one or more of his assistants any number of state departments, institutions, divisions, commissions, boards, bureaus, agencies, entities, officials, courts, or judges that are parties to the same transaction or that are parties in the same civil or administrative proceeding and may represent multiple interests within the same department, institution, division, commission, board, bureau, agency, or entity. The soil and water conservation district directors or districts may request legal advice from local, public, or private sources; however, upon request of the soil and water conservation district directors or districts, the Attorney General shall provide legal service in civil matters for such district directors or districts. B. The Attorney General may represent personally or through one of his assistants any of the following persons who are made defendant in any civil action for damages arising out of any matter connected with their official duties: 1. Members, agents or employees of the Alcoholic Beverage Control Board; 2. Agents inspecting or investigators appointed by the State Corporation Commission; 3. Agents, investigators, or auditors employed by the Department of Taxation; 4. Members, agents or employees of the State Board of Behavioral Health and Developmental Services, the Department of Behavioral Health and Developmental Services, the State Board of Health, the State Department of Health, the Department of General Services, the State Board of Social Services, the Department of Social Services, the State Board of Corrections, the Department of Corrections, the State Board of Juvenile Justice, the Department of Juvenile Justice, the Virginia Parole Board, or the Department of Agriculture and Consumer Services; 5. Persons employed by the Commonwealth Transportation Board, the Department of Transportation, or the Department of Rail and Public Transportation; 6. Persons employed by the Commissioner of Motor Vehicles; 7. Persons appointed by the Commissioner of Marine Resources; 8. Police officers appointed by the Superintendent of State Police; 9. Conservation police officers appointed by the Department of Game and Inland Fisheries; 10. Third impartial panel members appointed to hear a teacher's grievance pursuant to §22.1-312; 11. Staff members or volunteers participating in a court-appointed special advocate program pursuant to Article 5 (§9.1-151 et seq.) of Chapter 1 of Title 9.1; 12. Any emergency medical service agency that is a licensee of the Department of Health in any civil matter and any guardian ad litem appointed by a court in a civil matter brought against him for alleged errors or omissions in the discharge of his court-appointed duties; 13. Conservation officers of the Department of Conservation and Recreation; or 14. A person appointed by written order of a circuit court judge to run an existing corporation or company as the judge's representative, when that person is acting in execution of a lawful order of the court and the order specifically refers to this section and appoints such person to serve as an agent of the Commonwealth. Upon request of the affected individual, the Attorney General may represent personally or through one of his assistants any basic or advanced emergency medical care attendant or technician possessing a valid certificate issued by authority of the State Board of Health in any civil matter in which a defense of immunity from liability is raised pursuant to §8.01-225. C. If, in the opinion of the Attorney General, it is impracticable or uneconomical for such legal service to be rendered by him or one of his assistants, he may employ special counsel for this purpose, whose compensation shall be fixed by the Attorney General. The compensation for such special counsel shall be paid out of the funds appropriated for the administration of the board, commission, division or department being represented or whose members, officers, inspectors, investigators, or other employees are being represented pursuant to this section. Notwithstanding any provision of this section to the contrary, the Supreme Court may employ its own counsel in any matter arising out of its official duties in which it, or any justice, is a party. §5.1-49. Roads to airports and landing fields; cooperation with Department as to aviation facilities. The §15.2-2108.23. Regulation of rights-of-way; fees. A. To the extent that a franchised cable operator has been
authorized to use the public rights-of-way in a locality and is obligated to
pay a franchise fee to such locality, such cable operator shall not be subject
to any occupancy, use, or similar fee, with respect to its use of such
rights-of-way, by the locality or the B. A locality may charge, on a nondiscriminatory basis, fees to recover the approximate actual cost incurred for the issuance of a permit to perform work within the rights-of-way and for inspections to ensure compliance with the conditions of the permit, as such fees existed on February 1, 1997, or as subsequently modified by ordinance; however, such fees may not apply to certificated providers of telecommunications services except to the extent permitted under §§56-458, 56-462, and 56-468.1. The limitation as to fees charged for the use of the public rights-of-way shall not be applicable to pole attachments and conduit occupancy agreements between a franchised cable operator and a locality or its authority or commission, which permits such operator to use the public poles or conduits. C. Except as provided in §§56-458, 56-462, and 56-468.1 and in any rules adopted by the Commonwealth Transportation Board under §33.1-12, the cable franchise granted hereunder supersedes and replaces any and all other requirements and fees in local laws and the laws of the Commonwealth relating to the use of the public rights-of-way by a cable system or other facilities for the provision of cable service, whether such other authorizations are designated as franchises, permits, consents, ordinances, or otherwise. No cable operator that is (i) a certificated provider of telecommunications services that has previous consent to use the public rights-of-way in a locality through a franchise or (ii) a certificated provider of telecommunications services that lacked prior consent to provide cable service in a locality but provided telecommunications service over facilities leased from an entity having previous consent to use the public rights-of-way in such locality through a franchise and granted a franchise and paying fees pursuant to this section shall be required, in order to develop or operate a cable system or other facilities to provide video services, to (a) obtain consent in accordance with §§15.2-2015 through 15.2-2017, §56-458 or 56-462, except for permits or other permission to open streets and roads, or (b) submit bids, bonds or applications in accordance with §§15.2-2100 through 15.2-2105, except for reasonable performance bonds or letters of credit not in excess of $50,000. The restrictions in §§15.2-2015 through 15.2-2018, 15.2-2100 through 15.2-2105, 15.2-2106 and 15.2-2107, including but not limited to the advertisement and receipt of bids for franchises, shall not apply to a cable system or other facilities used to provide cable services by a cable operator that is a certificated provider of telecommunications services with previous consent to use the public rights-of-way in a locality through a franchise, including the provision of telecommunications services over facilities leased from an entity with previous consent to use the public rights-of-way in a locality through a franchise, but without previous consent to provide cable service in that locality. §15.2-2223. Comprehensive plan to be prepared and adopted; scope and purpose. A. The local planning commission shall prepare and recommend a comprehensive plan for the physical development of the territory within its jurisdiction and every governing body shall adopt a comprehensive plan for the territory under its jurisdiction. In the preparation of a comprehensive plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and trends of growth, and of the probable future requirements of its territory and inhabitants. The comprehensive plan shall be made with the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare of the inhabitants, including the elderly and persons with disabilities. The comprehensive plan shall be general in nature, in that it shall designate the general or approximate location, character, and extent of each feature, including any road improvement and any transportation improvement, shown on the plan and shall indicate where existing lands or facilities are proposed to be extended, widened, removed, relocated, vacated, narrowed, abandoned, or changed in use as the case may be. B. 1. As part of the comprehensive plan, each locality shall develop a transportation plan that designates a system of transportation infrastructure needs and recommendations that include the designation of new and expanded transportation facilities and that support the planned development of the territory covered by the plan and shall include, as appropriate, but not be limited to, roadways, bicycle accommodations, pedestrian accommodations, railways, bridges, waterways, airports, ports, and public transportation facilities. The plan shall recognize and differentiate among a hierarchy of roads such as expressways, arterials, and collectors. The Virginia Department of Transportation shall, upon request, provide localities with technical assistance in preparing such transportation plan. 2. The transportation plan shall include a map that shall show road and transportation improvements, including the cost estimates of such road and transportation improvements from the Virginia Department of Transportation, taking into account the current and future needs of residents in the locality while considering the current and future needs of the planning district within which the locality is situated. 3. The transportation plan, and any amendment thereto pursuant
to §15.2-2229, shall be consistent with the Commonwealth Transportation
Board's Statewide Transportation Plan developed pursuant to §33.1-23.03, the
Six-Year Improvement Program adopted pursuant to subdivision 4. Prior to the adoption of the transportation plan or any amendment to the transportation plan, the locality shall submit such plan or amendment to the Department for review and comment. The Department shall conduct its review and provide written comments to the locality on the consistency of the transportation plan or any amendment to the provisions of subdivision 1. The Department shall provide such written comments to the locality within 90 days of receipt of the plan or amendment, or by such deadline as may be otherwise agreed upon by the Department and the locality. 5. The locality shall submit a copy of the adopted transportation plan or any amendment to the transportation plan to the Department for informational purposes. If the Department determines that the transportation plan or amendment is not consistent with the provisions of subdivision 1, the Department shall notify the Commonwealth Transportation Board so that the Board may take appropriate action in accordance with subdivision (9)(f) of §33.1-12. 6. Each locality's amendments or updates to its transportation plan as required by subdivisions 2 through 5 shall be made on or before its ongoing scheduled date for updating its transportation plan. C. The comprehensive plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the locality's long-range recommendations for the general development of the territory covered by the plan. It may include, but need not be limited to: 1. The designation of areas for various types of public and private development and use, such as different kinds of residential, including age-restricted, housing; business; industrial; agricultural; mineral resources; conservation; active and passive recreation; public service; flood plain and drainage; and other areas; 2. The designation of a system of community service facilities such as parks, sports playing fields, forests, schools, playgrounds, public buildings and institutions, hospitals, nursing homes, assisted living facilities, community centers, waterworks, sewage disposal or waste disposal areas, and the like; 3. The designation of historical areas and areas for urban renewal or other treatment; 4. The designation of areas for the implementation of reasonable ground water protection measures; 5. A capital improvements program, a subdivision ordinance, a zoning ordinance and zoning district maps, mineral resource district maps and agricultural and forestal district maps, where applicable; 6. The location of existing or proposed recycling centers; 7. The location of military bases, military installations, and military airports and their adjacent safety areas; and 8. The designation of corridors or routes for electric transmission lines of 150 kilovolts or more. D. The comprehensive plan shall include the designation of areas and implementation of measures for the construction, rehabilitation and maintenance of affordable housing, which is sufficient to meet the current and future needs of residents of all levels of income in the locality while considering the current and future needs of the planning district within which the locality is situated. §22.1-205. Driver education programs. A. The Board of Education shall establish for the public school system a standardized program of driver education in the safe operation of motor vehicles. Such program shall consist of classroom training and behind-the-wheel driver training. However, any student who participates in such a program of driver education shall meet the academic requirements established by the Board, and no student in a course shall be permitted to operate a motor vehicle without a license or permit to do so issued by the Department of Motor Vehicles. The program shall include instruction concerning (i) alcohol and drug abuse, (ii) aggressive driving, (iii) distracted driving, (iv) motorcycle awareness, (v) organ and tissue donor awareness, (vi) fuel-efficient driving practices, and (vii) in Planning District 8, for any student completing a driver education program beginning in academic year 2010 - 2011, an additional minimum 90-minute parent/student driver education component included as part of the in-classroom portion of the driver education curriculum, requiring the participation of the student's parent or guardian and emphasizing parental responsibilities regarding juvenile driver behavior, juvenile driving restrictions pursuant to the Code of Virginia, and the dangers of driving while intoxicated and underage consumption of alcohol. Such instruction shall be developed by the Department in cooperation with the Virginia Alcohol Safety Action Program, the Department of Health, and the Department of Behavioral Health and Developmental Services, as appropriate. Such program shall require a minimum number of miles driven during the behind-the-wheel driver training. B. The Board shall assist school divisions by preparation, publication and distribution of competent driver education instructional materials to ensure a more complete understanding of the responsibilities and duties of motor vehicle operators. C. Each school board shall determine whether to offer the program of driver education in the safe operation of motor vehicles and, if offered, whether such program shall be an elective or a required course. In addition to the fee approved by the Board of Education pursuant to the appropriation act that allows local school boards to charge a per pupil fee for behind-the-wheel driver education, the Board of Education may authorize a local school board's request to assess a surcharge in order to further recover program costs that exceed state funds distributed through basic aid to school divisions offering driver education programs. Each school board may waive the fee or the surcharge in total or in part for those students it determines cannot pay the fee or surcharge. Only school divisions complying with the standardized program and regulations established by the Board of Education and the provisions of §46.2-335 shall be entitled to participate in the distribution of state funds appropriated for driver education. School boards in Planning District 8 shall make the 90-minute parent/student driver education component available to all students and their parents or guardians who are in compliance with §22.1-254. D. The actual initial driving instruction shall be conducted,
with motor vehicles equipped as may be required by regulation of the Board of
Education, on private or public property removed from public highways if
practicable; if impracticable, then, at the request of the school board, the E. The Board of Education may, in its discretion, promulgate regulations for the use and certification of paraprofessionals as teaching assistants in the driver education programs of school divisions. F. The Board of Education shall approve correspondence courses for the classroom training component of driver education. These correspondence courses shall be consistent in quality with instructional programs developed by the Board for classroom training in the public schools. Students completing the correspondence courses for classroom training, who are eligible to take behind-the-wheel driver training, may receive behind-the-wheel driver training (i) from a public school, upon payment of the required fee, if the school division offers behind-the-wheel driver training and space is available, (ii) from a driver training school licensed by the Department of Motor Vehicles, or (iii) in the case of a home schooling parent or guardian instructing his own child who meets the requirements for home school instruction under §22.1-254.1 or subdivision B 1 of §22.1-254, from a behind-the-wheel training course approved by the Board. Nothing herein shall be construed to require any school division to provide behind-the-wheel driver training to nonpublic school students. §28.2-555. Crossings of Baylor survey. The §33.1-7. Offices. The main office of the Board, the
Department of Transportation, and the Department of Rail and
Public Transportation shall be
located in the City of Richmond. In the discretion of the §33.1-11. Defense of employees. If any person employed by the Commonwealth Transportation
Board, the Department or the
Director of the Department of Rail and Public Transportation shall
be arrested or indicted or otherwise prosecuted on any charge arising out of
any act committed in the discharge of his official duties, the Commissioner
of Highways or the Director of the Department of Rail and
Public Transportation may employ special counsel approved by
the Attorney General to defend such employee. The compensation for special
counsel employed, pursuant to this section, shall, subject to the approval of
the Attorney General, be paid by the agency for which the employee
works out of the funds appropriated for the administration
of the §33.1-12. General powers and duties of Board, etc.; definitions. The Commonwealth Transportation Board shall be vested with the following powers and shall have the following duties: (1) Location of routes. To locate and establish the routes to be followed by the roads comprising systems of state highways between the points designated in the establishment of such systems, except that such routes shall not include roads located within any local system of roads, within the urban system of highways, or those local roads in any county that has resumed full responsibility for all of the secondary system of highways within such county's boundaries pursuant to §33.1-84.1. Such routes shall include corridors of statewide significance pursuant to §33.1-23.03. (2) Construction and maintenance contracts and activities related to passenger and freight rail and public transportation. (a) To let all contracts to be administered by the Virginia Department of Transportation or the Department of Rail and Public Transportation for the construction, maintenance, and improvement of the roads comprising systems of state highways and for all activities related to passenger and freight rail and public transportation in excess of $5 million. The Commissioner of Highways shall have authority to let all Virginia Department of Transportation-administered contracts for highway construction, maintenance, and improvements up to $5 million in value. The Director of the Department of Rail and Public Transportation shall have the authority to let contracts for passenger and freight rail and public transportation improvements up to $5 million in value. The Commissioner of Highways is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts with no limit on contract value, and without prior concurrence of the Commissioner of Highways or the Board for highway construction, maintenance, and improvements within their jurisdictions, in accordance with those provisions of the Code of Virginia providing those localities, authorities, and transportation districts the ability to let such contracts. The Director of the Department of Rail and Public Transportation is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts with no limit on contract value, and without prior concurrence of the Director of the Department of Rail and Public Transportation or the Board for passenger and freight rail and public transportation activities within their jurisdictions, in accordance with those provisions of the Code of Virginia providing those localities, authorities, and transportation districts the ability to let such contracts. The Commissioner of Highways and the Director of the Department of Rail and Public Transportation shall report on their respective transportation contracting activities at least quarterly to the Board. (b) The Commonwealth Transportation Board may award contracts for the construction of transportation projects on a design-build basis. These contracts may be awarded after a written determination is made by the Commissioner of Highways or the Director of the Department of Rail and Public Transportation, pursuant to objective criteria previously adopted by the Board regarding the use of design-build, that delivery of the projects must be expedited and that it is not in the public interest to comply with the design and construction contracting procedures normally followed. Such objective criteria will include requirements for prequalification of contractors and competitive bidding processes. These contracts shall be of such size and scope to encourage maximum competition and participation by agency prequalified and otherwise qualified contractors. Such determination shall be retained for public inspection in the official records of the Department of Transportation or the Department of Rail and Public Transportation, as the case may be, and shall include a description of the nature and scope of the project and the reasons for the Commissioner's or Director's determination that awarding a design-build contract will best serve the public interest. The provisions of this section shall supersede contrary provisions of subsection D of §2.2-4303 and §2.2-4306. (c)
(3) Traffic regulations. To make rules and regulations, from time to time, not in conflict with the laws of the Commonwealth, for the protection of and covering traffic on and the use of systems of state highways and to add to, amend or repeal the same. (4) Naming highways, bridges, interchanges, and other transportation facilities. To give suitable names to state highways, bridges, interchanges, and other transportation facilities, and change the names of any highways, bridges, interchanges, or other transportation facilities forming a part of the systems of state highways. The name of private entities, as defined in §56-557, located within the Commonwealth shall not be used for such purposes unless such private entity pays to the Department of Transportation an annual naming rights fee as determined by the Board. The Department of Transportation shall place and maintain appropriate signs indicating the names of highways, bridges, interchanges, and other transportation facilities named by the Board or by the General Assembly. The costs of producing, placing, and maintaining these signs shall be paid by the counties, cities, and towns in which they are located or by the private entity whose name is attached to the highway, bridge, interchange, or other transportation facility. No name shall be given to any state highway, bridge, interchange, or other transportation facility by the Commonwealth Transportation Board unless and until the Commonwealth Transportation Board shall have received from the local governing body of the locality within which a portion of the facility to be named is located a resolution of that governing body requesting such naming, except in such cases where a private entity has requested such naming. No highway, bridge, interchange, or other transportation facility previously named by the Board or the General Assembly shall be eligible for renaming by a private entity, unless such naming incorporates the previous name. The Board shall develop and approve guidelines governing the naming of highways, bridges, interchanges, and other transportation facilities by private entities and the applicable fees for such naming rights. Such fees shall be deposited in the Highway Maintenance and Operating Fund. No name shall be eligible for the naming rights under this subdivision if it in any way reasonably connotes anything that (i) is profane, obscene, or vulgar; (ii) is sexually explicit or graphic; (iii) is excretory related; (iv) is descriptive of intimate body parts or genitals; (v) is descriptive of illegal activities or substances; (vi) condones or encourages violence; or (vii) is socially, racially, or ethnically offensive or disparaging. (5) Compliance with federal acts. To comply fully with the provisions of the present or future federal aid acts. The Board may enter into all contracts or agreements with the United States government and may do all other things necessary to carry out fully the cooperation contemplated and provided for by present or future acts of Congress in the area of transportation. (6)
(a) To monitor and, where necessary, approve actions taken by the Department of Rail and Public Transportation pursuant to Chapter 10.1 (§ 33.1-391.1 et seq.) in order to ensure the efficient and economical development of public transportation, the enhancement of rail transportation, and the coordination of such rail and public transportation plans with highway programs. (b) To coordinate the planning for financing of transportation needs, including needs for highways, railways, seaports, airports, and public transportation and to set aside funds as provided in §33.1-23.03:1. To allocate funds for these needs pursuant to §§33.1-23.1 and 58.1-638, the Board shall adopt a Six-Year Improvement Program of anticipated projects and programs by July 1 of each year. This program shall be based on the most recent official Transportation Trust Fund revenue forecast and shall be consistent with a debt management policy adopted by the Board in consultation with the Debt Capacity Advisory Committee and the Department of the Treasury. (c)
The term "public transportation" or "mass transit" as used in this title means passenger transportation by rubber-tired, rail, or other surface conveyance which provides shared ride services open to the general public on a regular and continuing basis. The term does not include school buses; charter or sight-seeing service; vehicular ferry service that serves as a link in the highway network; or human service agency or other client-restricted transportation. §33.1-13.05. Gathering and reporting of information and statistics. The Commissioner of Highways and the Director of the Department of Rail and Public Transportation shall gather and tabulate information and statistics relating to transportation and disseminate the same throughout the Commonwealth. In addition, the Commissioner shall provide a report to the Governor, the General Assembly, the Commonwealth Transportation Board, and the public concerning the current status of all highway construction projects in the Commonwealth. This report shall be posted at least four times each fiscal year, but may be updated more often as circumstances allow. The report shall contain, at a minimum, the following information for every project in the Six-Year Improvement Program: (i) project description; (ii) total cost estimate; (iii) funds expended to date; (iv) project timeline and completion date; (v) statement of whether project is ahead of, on, or behind schedule; (vi) the name of the prime contractor; (vii) total expenditures of federal transportation funds in each county and city; (viii) total expenditures of state transportation funds in each county and city; (ix) statewide totals for federal, state, and local funds expended for highways; (x) statewide totals for federal, state, and local funds expended for transit; (xi) total funds expended on intercity passenger and freight rail line and trains; and (xii) total funds expended in each federal and state programmatic category. Use of one or more Internet websites may be used to satisfy this requirement. Project-specific information posted on the Internet shall be updated daily as information is available. §33.1-23.03:7. Liability exemption of officers and employees. When investments are made in accordance with this section, no
Board member §33.1-23.5:3. Financial plans for transportation construction projects. For transportation construction projects valued in excess of $100 million, the Commissioner shall require that a financial plan be prepared. This plan shall include, but not be limited to, the following: (i) a complete cost estimate for all major project elements, (ii) an implementation plan with the project schedule and cost-to-complete information presented for each year, (iii) identified revenues by funding source available each year to meet project costs, (iv) a detailed cash-flow analysis for each year of the proposed project, and (v) efforts to be made to ensure maximum involvement of private enterprise and private capital. §33.1-56. Relocation or removal of utility facilities within projects on interstate system; additional provisions. Whenever the For the purposes of this section, the term "cost of relocation or removal" shall include the entire amount paid for the relocation or removal of such utility facilities properly attributable to such relocation or removal after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility. The cost of relocating or removing such utility facilities in connection with any project on the interstate system or primary system within counties is hereby declared to be a cost of highway construction. §33.1-61. Parallel service roads; standards for access, service, etc., roads. The The construction or alteration of any access, feeder or service road which is to serve properties isolated by construction of a limited access highway shall meet all minimum state standards or the standards of the cities or towns of more than 3,500 population, or of counties which maintain their own road networks, as provided for by ordinance, whichever is more strict. §33.1-69.2. Relocation or removal of utility facilities within secondary highway construction projects. Whenever it is necessary that any tracks, pipes, mains,
conduits, cables, wires, towers, or other structures, equipment and appliances
(herein called facilities) of any utility as herein defined, in, on, under,
over or along an existing highway that is to be included within any
construction project on the secondary highway system should be relocated or
removed, the owner or operator of such facilities shall relocate or remove the same
in accordance with the order of the For the purposes of this section, "utility" includes utilities owned by a county, city, town, public authority or nonprofit, consumer-owned company, located in a county having a population of at least 32,000 but no more than 34,000, that (i) is exempt from income taxation under § 501 (c) (3) of the Internal Revenue Code, (ii) is organized to provide suitable drinking water, (iii) has no assistance from investors, (iv) does not pay dividends, and (v) does not sell stock to the general public, and "cost of relocation or removal" includes the entire amount paid by such utility properly attributable to such relocation or removal after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility. The cost of relocating or removing utility facilities in connection with any project on the secondary highway system is hereby declared to be a cost of highway construction. §33.1-89.3. Plans for acquisition of rights-of-way. Subject to compliance with applicable federal regulations, the Commissioner shall establish a plan for identification and acquisition of rights-of-way that may be needed within the corridors designated on the Statewide Transportation Plan. §33.1-183.1. Authority to lease or convey airspace; terms of lease or conveyance; advertisement and bids; disposition of compensation for lease or conveyance. The No lease or conveyance shall be entered into by the All leases and conveyances shall contain those terms deemed
necessary by the Compensation paid for such leases and conveyances shall be credited to the fund for highway maintenance and construction. §33.1-190.4. Liaison duties with other organizations. Tasks and responsibilities concerning transportation program or project delivery shall be carried out as follows: (1) The Commissioner shall cooperate with the federal government, the American Association of State Highway and Transportation Officials, and any other organization in the numbering, signing, and marking of highways; in the taking of measures for the promotion of highway safety; in research activities; in the preparation of standard specifications; in the testing of highway materials; and otherwise with respect to transportation projects. (2) The Department of Transportation and the Department of Rail and Public Transportation may offer technical assistance and coordinate state resources, as available, to work with local governments, upon their request, in developing sound transportation components for their local comprehensive plans. §33.1-195. Sale of materials to, and use of equipment by, cities, towns, counties, and school boards. The §33.1-196. Oiling of highways. The §33.1-201. Improving certain private roads and certain town streets and roads. The Commissioner of Highways may, in his discretion, upon the request of the board of supervisors or other governing body of any county and at the expense of the owner of the land, improve private roads giving direct access from the home or other central buildings on the property along the shortest practical route to the nearest public highway; provided, however, that: (1) The Commissioner shall in no case undertake any such work until certification is made by the board of supervisors or other governing body that the property owner cannot secure the services of a private contractor to perform the work nor then until the owner has deposited with him a certified check in the amount estimated by the Commissioner as the cost of the work; (2) Not more than $1,000 shall be expended on any one such private project in any one year; (3) No work of ordinary maintenance shall be done on any such private road under the provisions of this section. And the Commissioner may, upon the request of the council of any town having a population of less than 1,500 and at the expense of such town, improve and maintain any streets or roads therein not in the State Highway System. As to streets and roads in such town, no certification by the board of supervisors or deposit shall be necessary. Any work done by the Commissioner pursuant to the provisions
of this section shall only be done with the equipment and employees of the §33.1-207. Facilities for persons desiring to fish from bridges. The §33.1-208. Use of streams and lowlands obstructed by newly constructed highways as fishponds or water storage areas. Whenever any highway is being constructed and the highway is
to pass over any stream or lowland the obstruction of which is necessary to
such construction or if the present highway construction can be utilized to
provide a suitable dam for a fishpond or water storage area, then upon
application of the adjacent property owner requesting that it be so used, the §33.1-229. Continuance of powers of county authorities; alternative procedure. The local road authorities shall continue to have the powers vested in them on June 20, 1932, for the establishment of new roads in their respective counties, which shall, upon such establishment, become parts of the secondary system of state highways within such counties. They shall likewise have the power to alter or change the location of any road now in the secondary system of state highways within such counties or which may hereafter become a part of the secondary system of state highways within such counties. The Commissioner of Highways shall be made a party to any proceeding before the local road authorities for the establishment of any such road or for the alteration or change of the location of any such road. When any such board or commission appointed by the board of supervisors or other governing body of a county to view a proposed road or to alter or change the location of an existing road shall award damages for the right-of-way for the same, in either case to be paid in money, it may be paid by the board of supervisors or other governing body of the county out of the general county levy funds. No expenditure by the Commonwealth shall be required upon any new road so established or any old road the location of which is altered or changed by the local road authorities, except as may be approved by the Commissioner. If the property sought to be taken is for the easement or right-of-way, the plat shall reasonably indicate thereon any appurtenant right-of-way or easement for ingress and egress to and from the principal easement or right-of-way being taken. As an alternative to the method of establishing or relocating a road provided in the preceding paragraph, the Commissioner, by and with the approval of the Commonwealth Transportation Board and the board of supervisors or other governing body of a county shall have power and authority to make such changes in routes in, and additions to, the secondary system of state highways from time to time as the public safety or convenience may require. The service of any process or notice in any such proceedings
upon the district §33.1-293. Revenue refunding bonds and revenue bonds for combined purposes. Notwithstanding any of the other provisions of this article and without regard to any other restrictions or limitations contained in this article, the Board is hereby authorized to provide by resolution (a) for the issuance of revenue refunding bonds of the Commonwealth for the purpose of refunding any revenue bonds issued under the provisions of this article and then outstanding, including interest to the earliest call date of such outstanding bonds and premiums, if any, payable on such call date, and (b) for the issuance of a single issue of revenue bonds of the Commonwealth for the combined purpose of providing funds (i) to pay the cost of either or both of the projects described in paragraphs (b) and (j) of subdivision (2) of § 33.1-268 of this article in event the Board has decided or shall decide to construct either or both of said projects under authority heretofore granted, and (ii) to refund revenue bonds of the Commonwealth theretofore issued under the provisions of this article and then outstanding, including interest to the earliest call date of such outstanding bonds and premiums, if any, payable on such call date. For the purposes of this section, the word "project" shall, in relation to the project described in said paragraph (j), include approach highways thereto and bus facilities for the transportation of passengers through or over said project if the Board shall deem it advisable to construct such approach highways or acquire such bus facilities; and the term "cost of the project" shall, in relation to the projects described in said paragraphs (b) and (j), include an amount sufficient to reimburse the Board for expenditures or advances theretofore made by the Board on account of the cost of either or both of said projects, and shall, in relation to the project described in said paragraph (j), include provision of a sum, deemed by the Board to be sufficient for the purpose, to be utilized by the Board for the payment of employment severance benefits to employees of the Board or the Department rendering services in connection with the projects mentioned in paragraphs (g) and (i) of subdivision (2) of said §33.1-268 and shall include the cost of constructing approach highways and of providing bus facilities if the Board shall deem it expedient to construct such approach highways or acquire such facilities as a part of the project described in said paragraph (j). In the event bonds shall be issued for the combined purpose set forth in clause (b) of this section, such amount of the proceeds of such bonds as may be required, together with other funds available for such purpose, for the redemption of the outstanding bonds to be refunded shall be deposited by the Board in trust with the trustee under the trust indenture securing such outstanding bonds for the sole and exclusive purpose of paying and redeeming such bonds, and the balance of such proceeds shall be used solely for the payment of the cost of the project or projects to be constructed. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof and the duties of the Commonwealth and of the Board in respect to the same shall be governed by the foregoing provisions of this article insofar as the same may be applicable. §33.1-342. Certificate to be filed with bid for highway or bridge construction, etc. Every individual, partnership or corporation bidding upon any proposed contract for the construction, repair or maintenance of any part of any public highway or bridge and for supplying any labor, material or supplies to be used in any such construction, repair or maintenance shall file with such bid a sworn statement giving the name and location of the principal office of every highway contractors' association of which he is or has been a member during the preceding twelve months; and no bid not accompanied by such certificate shall be considered by the Commonwealth Transportation Board or the Commissioner of Highways in letting any contract bid upon, nor shall any such contract be let by the Board or the Commissioner of Highways to any bidder failing to file the certificate required by this section. §33.1-343. Affidavit to be filed with bid upon work. Every member of any highway contractors' association who bids upon any work let by the Commonwealth Transportation Board or the Commissioner of Highways shall file with his bid an affidavit in substance as follows: that the bidder neither directly or indirectly has entered into any combination or arrangement with any person, firm or corporation or entered into any agreement, the effect of which is to prevent competition or increase the cost of construction or maintenance of roads or bridges. The Commonwealth Transportation Board or the Commissioner of Highways shall prescribe the form of this affidavit and no bid shall be accepted unless accompanied by such affidavit. §33.1-370. Special provisions pertaining to interstate, national highway system, and federal-aid primary highways. A. Notwithstanding the territorial limitation set out in § 33.1-353, no sign or advertisement adjacent to any interstate, national highway system, or federal-aid primary highway shall be erected, maintained or displayed which is visible from the main traveled way within 660 feet of the nearest edge of the right-of-way, except as provided in subsections B and D of this section, and outside of an urban area no sign or advertisement beyond 660 feet of the nearest edge of the right-of-way of any interstate, national highway system, or federal-aid primary highway which is visible from the main traveled way shall be erected, maintained, or displayed with the purpose of its message being read from the main traveled way, except as set forth in subsection C. B. The following signs, advertisements or advertising structures may be erected, maintained and displayed within 660 feet of the right-of-way of any interstate, national highway system, or federal-aid primary highway: Class 1 - Official signs. - Directional and official signs and
notices, which signs and notices shall include, but not be limited to, signs
and notices pertaining to the availability of food, lodging, vehicle service
and tourist information, natural wonders, scenic areas, museums and historic
attractions, as authorized or required by law; however, where such signs or notices
pertain to facilities or attractions which are barrier free, such signs or
notices shall contain the International Barrier Free Symbol. The Class 2 - On-premises signs. - Signs not prohibited by other parts of this article which are consistent with the applicable provisions of this section and which advertise the sale or lease of, or activities being conducted upon, the real property where the signs are located; provided, that any such signs, which are located adjacent to and within 660 feet of any interstate highway and do not lie in commercial or industrial zones within the boundaries of incorporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to the Interstate System is subject to municipal regulation or control, or in areas where land use as of September 21, 1959, was clearly established by state law as industrial or commercial, shall comply with the following requirements: 1. Not more than one sign advertising the sale or lease of the same property may be erected or maintained in such manner as to be visible to traffic proceeding in any one direction on any one interstate highway; 2. Not more than one sign, visible to traffic proceeding in any one direction on any one interstate highway and advertising activities being conducted upon the real property where the sign is located, may be erected or maintained more than fifty feet from the advertised activity, and no such sign may be located more than 250 feet from the center of the advertised activity; and 3. No sign, except one which is not more than fifty feet from the advertised activity, that displays any trade name which refers to or identifies any service rendered or product sold, shall be erected or maintained unless the name of the advertised activity is displayed as conspicuously as such trade name. Class 3 - Other signs. - Any signs or advertisements which are
located within areas adjacent to any interstate, national highway system, or
federal-aid primary highway which are zoned industrial or commercial under
authority of state law, or in unzoned commercial or industrial areas as determined
by the Commonwealth Transportation Board from actual land uses. The C. The following signs, advertisements or advertising structures may be erected, maintained and displayed beyond 660 feet of the right-of-way of any interstate, national highway system, or federal-aid primary highway outside of urban areas. 1. Class 1 and Class 2 signs, advertisements or advertising structures set forth in subsection B of this section. 2. All other signs, advertisements or advertising structures erected, maintained or displayed more than 660 feet from the nearest edge of the right-of-way of an interstate, national highway system, or federal-aid primary highway; unless said sign or advertisement is visible from the main traveled way of said highways and erected, maintained or displayed with the purpose of its message being read from the main traveled way of said highways. In determining whether a sign, advertisement or advertising structure is "erected, maintained or displayed with the purpose of its being read" the Commissioner is not limited to, but will consider, the nature of the business or product advertised thereon, the availability of such business or product to users of the controlled highway, the visibility of the sign, advertisement or advertising structure from the main traveled way of the controlled highway (such visibility may be measured by considering the size or height of the sign, advertisement or advertising structure; the configuration, size, and height of recognizable emblems, images, and lettering thereon; the angle of the sign, advertisement or advertising structure to the main traveled way of the controlled highway; the degree to which physical obstructions hinder the view of the sign, advertisement or advertising structure from the main traveled way of the controlled highway; and the time which such sign, advertisement or advertising structure is exposed to view by travelers on the main traveled way of the controlled highway traveling at the maximum and minimum speeds posted). D. In order to provide information in the specific interest of
the traveling public, the E. Notwithstanding any other provision of law, lawfully erected and maintained nonconforming signs, advertisements, and advertising structures shall not be removed or eliminated by amortization under state law or local ordinances without compensation as described in subsection F of this section. F. The Commissioner of Highways is authorized to acquire by purchase, gift or the power of eminent domain and to pay just compensation upon the removal of nonconforming signs, advertisements or advertising structures lawfully erected and maintained under state law or state regulations. Provided, however, subsequent to November 6, 1978, whenever any local ordinance which is more restrictive than state law requires the removal of such signs, advertisements, or advertising structures, the local governing body shall initiate the removal of such signs, advertisements, or advertising structures with the Commissioner, who shall have complete authority to administer the removal of such signs, advertisements, or advertising structures. Upon proof of payment presented to the local governing bodies, the local governing bodies shall reimburse the Commissioner the funds expended which are associated with the removal of such signs, advertisements, or advertising structures required by local ordinances, less any federal funds received for such purposes. Notwithstanding the above, nothing shall prohibit the local governing bodies from removing signs, advertisements, or advertising structures which are made nonconforming solely by local ordinances so long as those ordinances require the local governing bodies to pay 100 percent of the cost of removing them and just compensation upon their removal. Such compensation is authorized to be paid only for the taking from the owner of such sign or advertisement of all right, title, leasehold and interest in such sign or advertisement, and the taking from the owner of the real property on which the sign or advertisement is located, of the right to erect and maintain such sign or advertisement thereon. The Commissioner of Highways shall not be required to expend any funds under this section unless and until federal-aid matching funds are made available for this purpose. §36-98.1. State buildings; exception for certain assets owned by the Department of Transportation. A. The Building Code shall be applicable to all state-owned buildings and structures, and to all buildings and structures built on state-owned property, with the exception that §§2.2-1159 through 2.2-1161 shall provide the standards for ready access to and use of state-owned buildings by the physically handicapped. Any state-owned building or structure, or building or structure built on state-owned property, for which preliminary plans were prepared or on which construction commenced after the initial effective date of the Uniform Statewide Building Code, shall remain subject to the provisions of the Uniform Statewide Building Code that were in effect at the time such plans were completed or such construction commenced. Subsequent reconstruction, renovation or demolition of such building or structure shall be subject to the pertinent provisions of the Building Code. Acting through the Division of Engineering and Buildings, the Department of General Services shall function as the building official for any state-owned buildings or structures and for all buildings and structures built on state-owned property. The Department shall review and approve plans and specifications, grant modifications, and establish such rules and regulations as may be necessary to implement this section. It may provide for the (i) inspection of state-owned buildings or structures and for all buildings and structures built on state-owned property and (ii) enforcement of the Building Code and standards for access by the physically handicapped by delegating inspection and Building Code enforcement duties to the State Fire Marshal's Office, to other appropriate state agencies having needed expertise, and to local building departments, all of which shall provide such assistance within a reasonable time and in the manner requested. State agencies and institutions occupying buildings shall pay to the local building department the same fees as would be paid by a private citizen for the services rendered when such services are requested by the Department of General Services. The Department of General Services may alter or overrule any decision of the local building department after having first considered the local building department's report or other rationale given for its decision. When altering or overruling any decision of a local building department, the Department of General Services shall provide the local building department with a written summary of its reasons for doing so. B. Notwithstanding the provisions of subsection A and §27-99, roadway tunnels and bridges owned by the Department of Transportation shall be exempt from the Building Code and the Statewide Fire Prevention Code Act (§ 27-94 et seq.). The Department of General Services shall not have jurisdiction over such roadway tunnels, bridges, and other limited access highways; provided, however, that the Department of General Services shall have jurisdiction over any occupied buildings within any Department of Transportation rights-of-way that are subject to the Building Code. Roadway tunnels and bridges shall be designed, constructed,
and operated to comply with fire safety standards based on nationally
recognized model codes and standards to be developed by the Department of
Transportation in consultation with the State Fire Marshal C. Except as provided in subsection D of §23-38.109, and notwithstanding the provisions of subsection A, at the request of a public institution of higher education, the Department, as further set forth in this subsection, shall authorize that institution of higher education to contract with a building official of the locality in which the construction is taking place to perform any inspection and certifications required for the purpose of complying with the Uniform Statewide Building Code (§36-97 et seq.). The Department shall publish administrative procedures that shall be followed in contracting with a building official of the locality. The authority granted to a public institution of higher education under this subsection to contract with a building official of the locality shall be subject to the institution meeting the conditions prescribed in subsection B of §23-38.88. D. This section shall not apply to the nonhabitable structures, equipment, and wiring owned by a public service company, a certificated provider of telecommunications services, or a franchised cable operator that are built on rights-of-way owned or controlled by the Commonwealth Transportation Board. §46.2-804. Special regulations applicable on highways laned for traffic. Whenever any roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following: 1. Any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions existing, shall be driven in the lane nearest the right edge or right curb of the highway when such lane is available for travel except when overtaking and passing another vehicle or in preparation for a left turn or where right lanes are reserved for slow-moving traffic as permitted in this section; 2. A vehicle shall be driven as nearly as is practicable entirely within a single lane and shall not be moved from that lane until the driver has ascertained that such movement can be made safely; 3. Except as otherwise provided in subdivision 5 of this section, on a highway which is divided into three lanes, no vehicle shall be driven in the center lane except when overtaking and passing another vehicle or in preparation for a left turn or unless such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signed or marked to give notice of such allocation. Traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device; 4. The 5. Wherever a highway is marked with double traffic lines consisting of a solid line immediately adjacent to a broken line, no vehicle shall be driven to the left of such line if the solid line is on the right of the broken line, but it shall be lawful to make a left turn for the purpose of entering or leaving a public, private, or commercial road or entrance. Where the middle lane of a highway is marked on both sides with a solid line immediately adjacent to a broken line, such middle lane shall be considered a left-turn or holding lane and it shall be lawful to drive to the left of such line if the solid line is on the right of the broken line for the purpose of turning left into any road or entrance, provided that the vehicle may not travel in such lane further than 150 feet; 6. Wherever a highway is marked with double traffic lines consisting of two immediately adjacent solid lines, no vehicle shall be driven to the left of such lines, except when turning left. §46.2-806. One-way roadways and highways. The §46.2-830. Uniform marking and signing of highways; drivers to obey signs; enforcement of section. The All drivers of vehicles shall obey lawfully erected signs. No provision of this section relating to the prohibition of disobeying signs or violating local traffic signals, markings, and lights shall be enforced against an alleged violator if, at the time and place of the alleged violation, any such sign, signal, marking, or light is not in proper position and sufficiently legible to be seen by an ordinarily observant person. §46.2-831. Unofficial signs prohibited; penalties. No unauthorized person shall erect or maintain on any highway any warning or direction sign, signal, or light in imitation of any official sign, signal, or light erected as provided by law. No person shall erect or maintain on any highway any traffic or highway sign or signal bearing any commercial advertising. Nothing in this section shall prohibit the erection or
maintenance of signs or signals bearing the name of an organization authorized
to erect it by the Commonwealth Transportation Board, the
Department of Transportation, or Any violation of this section shall constitute a Class 4 misdemeanor. §46.2-847. Left turns by bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds. A person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped and intending to turn left shall either follow a course described in §46.2-846 or make the turn as provided in this section. A person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped and intending to turn left shall approach the turn as close as practicable to the right curb or edge of the roadway. After proceeding across the intersecting roadway, the rider shall comply with traffic signs or signals and continue his turn as close as practicable to the right curb or edge of the roadway being entered. Notwithstanding the foregoing provisions of this section, the §46.2-878.2. Maximum speed limits in certain residence districts of counties, cities, and towns; penalty. Operation of any motor vehicle in excess of a maximum speed
limit established for a highway in a residence district of a county, city, or
town, when indicated by appropriately placed signs displaying the maximum speed
limit and the penalty for violations, shall be unlawful and constitute a
traffic infraction punishable by a fine of $200, in addition to other penalties
provided by law. No portion of the fine shall be suspended unless the court
orders 20 hours of community service. The §46.2-889. Location of parked vehicles. No vehicle shall be stopped except close to and parallel to the right edge of the curb or roadway, except that a vehicle may be stopped close to and parallel to the left curb or edge of the roadway on one-way streets or may be parked at an angle where permitted by the Commonwealth Transportation Board, the Department, or local authorities with respect to highways under their jurisdiction. §46.2-924. Drivers to stop for pedestrians; installation of certain signs; penalty. A. The driver of any vehicle on a highway shall yield the right-of-way to any pedestrian crossing such highway: 1. At any clearly marked crosswalk, whether at mid-block or at the end of any block; 2. At any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block; 3. At any intersection when the driver is approaching on a highway or street where the legal maximum speed does not exceed 35 miles per hour. B. Notwithstanding the provisions of subsection A, at intersections or crosswalks where the movement of traffic is being regulated by law-enforcement officers or traffic control devices, the driver shall yield according to the direction of the law-enforcement officer or device. No pedestrian shall enter or cross an intersection in disregard of approaching traffic. The drivers of vehicles entering, crossing, or turning at intersections shall change their course, slow down, or stop if necessary to permit pedestrians to cross such intersections safely and expeditiously. Pedestrians crossing highways at intersections shall at all times have the right-of-way over vehicles making turns into the highways being crossed by the pedestrians. C. The governing body of Arlington County, Fairfax County,
Loudoun County and any town therein, the City of Alexandria, the City of
Fairfax, and the City of Falls Church may by ordinance provide for the
installation and maintenance of highway signs at marked crosswalks specifically
requiring operators of motor vehicles, at the locations where such signs are
installed, to yield the right-of-way to pedestrians crossing or attempting to
cross the highway. Any operator of a motor vehicle who fails at such locations
to yield the right-of-way to pedestrians as required by such signs shall be
guilty of a traffic infraction punishable by a fine of no less than $100 or
more than $500. The §46.2-1041. Restrictions as to solid rubber tires. Every tire, other than a pneumatic tire, made of rubber on a
vehicle moved on any highway shall have rubber on its entire traction surface
at least one inch thick above the edge of the flange of the entire periphery.
No vehicle equipped with such tires shall be operated on any highway in the
Commonwealth unless a permit therefor is first secured from the §46.2-1046. Traction engines and tractors. The §46.2-1107. Bus widths in certain counties. Upon application by the governing body of any county, the §46.2-1108. Bus widths to comply with federal law. If federal law permits the operation of passenger buses wider
than 96 inches on the interstate highway system, the §46.2-1109. Widths of commercial vehicles. No commercial vehicle shall exceed 102 inches in width when
operating on any interstate highway or on any highway designated by the
Commonwealth Transportation Board. The width limitation in this section shall
not include rear view mirrors, turn signal lights, handholds for cab entry and
egress, splash suppressant devices, and load-induced tire bulge. Safety
devices, with the exception of rear view mirrors, shall not extend more than
three inches on each side of a vehicle. The For the purposes of this section, a commercial vehicle is defined as a loaded or empty motor vehicle, trailer, or semitrailer designed or regularly used for carrying freight, merchandise, or more than ten passengers, including buses, but not including vehicles used for vanpools. §46.2-1112. Length of vehicles, generally; special permits; tractor truck semitrailer combinations, etc., operating on certain highways; penalty. Except for buses and motor homes, no motor vehicle longer than 40 feet shall be operated on any highway in the Commonwealth. The actual length of any combination of vehicles coupled together including any load thereon shall not exceed a total of 65 feet. However, the length of a tractor truck semitrailer combination may exceed 65 feet in length, provided the semitrailer does not exceed 53 feet in length and the distance between the kingpin of the semitrailer and the rearmost axle or a point midway between the rear tandem axles does not exceed 41 feet. The Commissioner of Highways may impose restrictions on the operation of vehicles exceeding 65 feet in length on certain roads, based on a safety and engineering analysis. No bus or motor home longer than 45 feet shall be operated on any highway in the Commonwealth. No tolerance shall be allowed that exceeds 12 inches. The Commissioner, however, when good cause is shown, may issue a special permit for combinations either in excess of 65 feet, including any load thereon, or where the object or objects to be carried cannot be moved otherwise. Such permits may also be issued by the Department when the total number of otherwise overdimensional loads of modular housing of no more than two units may be reduced by permitting the use of an overlength trailer not exceeding 54 feet. No permit shall be issued by the Commissioner until an engineering analysis of a proposed routing has been conducted by the Commissioner of Highways to assess the ability of the roadway to be traversed to sustain the vehicle's size. No overall length restrictions, however, shall be imposed on any tractor truck semitrailer combinations drawing one trailer or any tractor truck semitrailer combinations when operated on any interstate highway or on any highway as designated by the Commonwealth Transportation Board. No such designation shall be made, however, until notice of any proposed designation has been provided by the Commissioner of Highways to the governing body of every locality wherein any highway affected by the proposed designation is located. No individual semitrailer or trailer being drawn in a tractor truck semitrailer trailer combination, however, shall exceed 28 1/2 feet in length, and no semitrailer being operated in a tractor truck semitrailer combination shall exceed 48 feet in length, except when semitrailers have a distance of not more than 41 feet between the kingpin of the semitrailer and the rearmost axle or a point midway between the rear tandem axles, such semitrailer shall be allowed not more than 53 feet in length. The length limitations on semitrailers and trailers in the
foregoing provisions of this section shall be exclusive of safety and energy
conservation devices, steps and handholds for entry and egress, rubber dock
guards, flexible fender extensions, mudflaps, refrigeration units, and air
compressors. The Any person operating a vehicle whose length is not in conformity with the provisions of this chapter on a two-lane highway where passing is permitted shall be guilty of a traffic infraction and fined $250. §46.2-1114. Length of automobile or watercraft transporters; operation on certain highways. Automobile or watercraft transporters shall not exceed a
length of sixty-five feet when operated on any interstate highway or on any
highway as designated by the Commonwealth Transportation Board. Stinger-steered
automobile or watercraft transporters shall not exceed a length of seventy-five
feet when operated on any interstate highway or on any highway designated by
the Commonwealth Transportation Board. In addition, watercraft may be
transported on a truck/trailer combination no more than sixty-five feet long
when operated on any interstate highway or on any highway designated by the
Commonwealth Transportation Board. Any such vehicle shall display a sign of a
size and type approved by the §46.2-1116. Vehicles having more than one trailer, etc., attached thereto; exceptions. Except as provided in this section and §46.2-1117, no motor vehicle shall be driven on a highway while drawing or having attached thereto more than one motor vehicle, trailer, or semitrailer unless such vehicle is being operated under a special permit from the Commonwealth Transportation Board. This limitation, however, shall not apply between sunrise and sunset to farm trailers or semitrailers being moved from one farm to another farm owned or operated by the same person within a radius of 10 miles. This limitation also shall not apply to a combination of vehicles coupled together by a saddle mount device used to transport motor vehicles in a drive-away service when not more than two saddle mounts are used. Vehicles coupled together by not more than three saddle mounts shall not exceed 75 feet when operated on any primary highway as designated by the Commonwealth Transportation Board and shall not exceed 97 feet when operated on the National Network of interstate and primary highways as designated under 23 CFR 658.5, as amended. Use of saddle mounts as provided in this section shall be in conformity with safety regulations adopted by the federal Department of Transportation. The The governing body of any city may by ordinance permit motor vehicles to be driven on the highways of their respective cities while drawing or having attached thereto more than one other vehicle, trailer, or semitrailer. §46.2-1117. Tractor truck semitrailer combinations operating on certain highways; access to certain facilities. A tractor truck semitrailer combination may draw one trailer
when operating on any interstate highway and any highway as designated by the
Commonwealth Transportation Board. The §53.1-56. Construction and maintenance of highways; grass cutting; acquisition of quarries, etc.; use of materials for county roads. Persons sentenced to the Department shall, so far as practicable, be employed in the construction and maintenance of the State Highway System and secondary system of state highways, and to this end may be used in rock quarries, gravel pits and other plants in the preparation of materials for construction and maintenance of roads and in the maintenance of any or all medians and other nontraveled portions of such highways. Persons sentenced to the Department may also be employed in the maintenance of the rest areas along the Interstate Highway System, providing that such maintenance activities are jointly approved by the Department and the Virginia Department of Transportation based on the safety of the traveling public. The Commonwealth Transportation Board may acquire out of the proceeds of the money, now or hereafter available for construction and maintenance of the State Highway System and secondary system, such quarries, gravel pits or plants as may in its opinion be necessary for such work. The Board shall on the request of any county road authorities allow such county road authorities to take from such quarries or gravel pits or shall sell to such county road authorities at cost of production such materials as may be required to be used for the construction and maintenance of county roads. This arrangement shall in no way interfere with the furnishing of materials by the Board for the maintenance or construction of the State Highway System and secondary system. The Fifteen days prior to a prisoner's participation in the program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will work, notice of the prisoner's participation. Such notice shall include the name, address and criminal history of the prisoner, in addition to other information the chief of police or such officer may request. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§2.2-3700 et seq.). §53.1-57. Payments by Department of Transportation to Director for labor. The §56-258. Who to permit laying of pipelines in roads. The §56-462. Franchise to occupy parks, streets, etc.; imposition of terms, conditions, etc., as to use of streets, etc., and construction thereon. A. No incorporated city or town shall grant to any such
telegraph or telephone corporation the right to erect its poles, wires, or
cables, or to lay its conduits upon or beneath its parks, streets, avenues, or
alleys until such company shall have first obtained, in the manner prescribed
by the laws of this Commonwealth, the franchise to occupy the same. Any city or
town may impose upon any such corporation any terms and conditions consistent
herewith and supplemental hereto, as to the occupation and use of its parks,
streets, avenues, and alleys, and as to the construction and maintenance of the
facilities of such company along, over, or under the same, that the city or
town may deem expedient and proper. The B. No locality or the C. No locality or the D. Notwithstanding any other provision of law, any permit or
other permission required by a locality pursuant to a franchise, ordinance, or
other permission to use the public rights-of-way or by the E. No locality receiving directly or indirectly a Public
Rights-of-Way Use Fee or the §67-1101. Right to occupy rights-of-way; location of same. A. Every renewable generator shall have authority to occupy
and use the public roads, works, turnpikes, streets, avenues, and alleys in any
county, with the consent of the board of supervisors or other governing
authority thereof, or in any incorporated city or town, with the consent of the
council thereof, and the waterways within the Commonwealth, with the consent of
the Marine Resources Commission, for the erection of distribution facilities.
However, if the road or street is in the state highway system or the secondary
system of state highways, the consent of the board of supervisors or other
governing authority of any county shall not be necessary, provided that a
permit for such occupation and use is first obtained from the B. No locality or the C. No locality or the D. Notwithstanding any other provision of law, any permit or
other permission required by a locality pursuant to a franchise, ordinance, or
other permission to use the public rights-of-way or by the E. No locality receiving directly or indirectly a public
rights-of-way use fee or the F. This chapter shall not affect the obligation of the Department of Transportation to give notice, pursuant to §33.1-223.2:11, to localities when it grants its permission for the construction, installation, location, or placement of a landfill gas pipeline within any highway right-of-way. §67-1103. Public rights-of-way use fee. A. Notwithstanding any other provisions of law, there is
hereby established a public rights-of-way use fee to be charged in lieu of any
and all fees of general application, except for zoning, subdivision, site plan,
and comprehensive plan fees of general application, otherwise chargeable to a
renewable generator by the B. The amount of the public rights-of-way use fee for a renewable generator shall be $1,500 per mile or any portion thereof over which the renewable generator has installed distribution facilities. C. A renewable generator shall remit its required public rights-of-way use fee to the locality or the Department of Transportation, as applicable, prior to initiation of construction, as follows: 1. The renewable generator shall remit directly to the applicable locality all public rights-of-way use fees billed in (i) cities; (ii) towns whose public streets and roads are not maintained by the Department of Transportation; and (iii) any county that has withdrawn or elects to withdraw from the secondary system of state highways under the provisions of § 11 of Chapter 415 of the Acts of Assembly of 1932 and that has elected not to return. 2. The public rights-of-way use fees in all other counties shall be remitted by each renewable generator to the Department of Transportation, and shall first be used to offset the administrative costs of processing the permit with the remaining fee being added to the secondary system construction improvement program funds of the counties where the facilities are located. |
